44 U.S.C. § 2201 — Definitions

Page 104 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2120 1 So in original. Does not conform to section catchline. of title 31 that involve the transfer of funds from the National Archives and Records Administra- tion to State and local governments, other pub- lic entities, educational institutions, or private nonprofit organizations (including foundations or institutes organized to support the National Archives and Records Administration or the Presidential archival depositories operated by it) for the public purpose of carrying out pro- grams of the National Archives and Records Ad- ministration. (b) LIMITATIONS.—Not more than $25,000 may be transferred under a cooperative agreement entered into as authorized by subsection (a). Not more than a total of $75,000 may be transferred under such agreements in any fiscal year. (c) REPORT.—Not later than December 31st of each year, the Archivist shall submit to the Committee on Government Reform of the House of Representatives and the Committee on Gov- ernmental Affairs of the Senate a report on the provisions, amount, and duration of each coop- erative agreement entered into as authorized by subsection (a) during the preceding fiscal year. (Added Pub. L. 108–383, § 5(a), Oct. 30, 2004, 118 Stat. 2219.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Government Reform of House of Rep- resentatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Com- mittee on Oversight and Reform of House of Represent- atives by House Resolution No. 6, One Hundred Six- teenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hun- dred Eighteenth Congress, Jan. 9, 2023. Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Gov- ernmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Con- gress, Oct. 9, 2004. § 2120. Online access of founding fathers docu- ments The Archivist may enter into a cooperative agreement to provide online access to the pub- lished volumes of the papers of— (1) George Washington; (2) Alexander Hamilton; (3) Thomas Jefferson; (4) Benjamin Franklin; (5) John Adams; (6) James Madison; and (7) other prominent historical figures, as de- termined appropriate by the Archivist of the United States. (Added Pub. L. 110–404, § 4(a), Oct. 13, 2008, 122 Stat. 4283.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNDS Pub. L. 110–404, § 4(b), Oct. 13, 2008, 122 Stat. 4283, pro- vided that: ‘‘(1) IN GENERAL.—The Archivist of the United States, in the role as chairman of the National Historical Pub- lications and Records Commission may enter into coop- erative agreements pursuant to section 6305 of title 31, United States Code, that involve the transfer of funds from the National Historical Publications and Records Commission to State and local governments, tribal governments, other public entities, educational institu- tions, or private nonprofit organizations for the public purpose of carrying out section 2120 of title 44, United States Codes [sic]. ‘‘(2) REPORT.—Not later than December 31st of each year, the Archivist of the United States shall submit to the Committee on Homeland Security and Govern- mental Affairs of the Senate and the Committee on Oversight and Government Reform [now Committee on Oversight and Accountability] of the House of Rep- resentatives a report on the provisions, amount, and duration of each cooperative agreement entered into as authorized by paragraph (1) during the preceding fiscal year.’’ CHAPTER 22—PRESIDENTIAL RECORDS Sec. 2201. Definitions. 2202. Ownership of Presidential records. 2203. Management and custody of Presidential rec- ords. 2204. Restrictions on access to Presidential rec- ords. 2205. Exceptions to restriction on access.1 2206. Regulations. 2207. Vice-Presidential records. 2208. Claims of constitutionally based privilege against disclosure. 2209. Disclosure requirement for official business conducted using non-official electronic messaging accounts. Editorial Notes AMENDMENTS 2014—Pub. L. 113–187, § 2(a)(3), (e)(2), Nov. 26, 2014, 128 Stat. 2005, 2007, added items 2208 and 2209. § 2201. Definitions As used in this chapter— (1) The term ‘‘documentary material’’ means all books, correspondence, memoranda, docu- ments, papers, pamphlets, works of art, mod- els, pictures, photographs, plats, maps, films, and motion pictures, including, but not lim- ited to, audio and visual records, or other elec- tronic or mechanical recordations, whether in analog, digital, or any other form. (2) The term ‘‘Presidential records’’ means documentary materials, or any reasonably segregable portion thereof, created or received by the President, the President’s immediate staff, or a unit or individual of the Executive Office of the President whose function is to ad- vise or assist the President, in the course of conducting activities which relate to or have an effect upon the carrying out of the con- stitutional, statutory, or other official or cer- emonial duties of the President. Such term— (A) includes any documentary materials relating to the political activities of the President or members of the President’s staff, but only if such activities relate to or have a direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President; but (B) does not include any documentary ma- terials that are (i) official records of an Page 105 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2203 1 See References in Text note below. 2 So in original. Probably should be ‘‘thereof,’’. agency (as defined in section 552(e) 1 of title 5, United States Code); (ii) personal records; (iii) stocks of publications and stationery; or (iv) extra copies of documents produced only for convenience of reference, when such cop- ies are clearly so identified. (3) The term ‘‘personal records’’ means all documentary materials, or any reasonably segregable portion therof,2 of a purely private or nonpublic character which do not relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President. Such term includes— (A) diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal which are not prepared or utilized for, or circulated or communicated in the course of, transacting Government business; (B) materials relating to private political associations, and having no relation to or di- rect effect upon the carrying out of constitu- tional, statutory, or other official or cere- monial duties of the President; and (C) materials relating exclusively to the President’s own election to the office of the Presidency; and materials directly relating to the election of a particular individual or individuals to Federal, State, or local office, which have no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial du- ties of the President. (4) The term ‘‘Archivist’’ means the Archi- vist of the United States. (5) The term ‘‘former President’’, when used with respect to Presidential records, means the former President during whose term or terms of office such Presidential records were created. (Added Pub. L. 95–591, § 2(a), Nov. 4, 1978, 92 Stat. 2523; amended Pub. L. 113–187, §§ 2(b), 8(2), Nov. 26, 2014, 128 Stat. 2005, 2011.) Editorial Notes REFERENCES IN TEXT Section 552(e) of title 5, referred to in par. (2)(B)(i), was redesignated section 552(f) of title 5 by section 1802(b) of Pub. L. 99–570. AMENDMENTS 2014—Par. (1). Pub. L. 113–187, § 2(b)(1), substituted ‘‘memoranda’’ for ‘‘memorandums’’ and ‘‘audio and vis- ual records’’ for ‘‘audio, audiovisual’’ and inserted ‘‘, whether in analog, digital, or any other form’’ after ‘‘mechanical recordations’’. Par. (2). Pub. L. 113–187, § 8(2), substituted ‘‘the Presi- dent’s’’ for ‘‘his’’ in introductory provisions and in sub- par. (A). Pub. L. 113–187, § 2(b)(2), substituted ‘‘advise or assist’’ for ‘‘advise and assist’’ in introductory provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 95–591, § 3, Nov. 4, 1978, 92 Stat. 2528, provided that: ‘‘The amendments made by this Act [enacting this chapter, amending sections 2111 and 2112 of this title, and enacting provisions set out as notes under this section] shall be effective with respect to any Pres- idential records (as defined in section 2201(2) of title 44, as amended by section 2 of this Act) created during a term of office of the President beginning on or after January 20, 1981.’’ SHORT TITLE OF 1978 AMENDMENT For short title of Pub. L. 95–591, which enacted this chapter, as the ‘‘Presidential Records Act of 1978’’, see section 1 of Pub. L. 95–591, set out as a note under sec- tion 101 of this title. SEPARABILITY Pub. L. 95–591, § 4, Nov. 4, 1978, 92 Stat. 2528, provided that: ‘‘If any provision of this Act [enacting this chap- ter, amending sections 2107 and 2108 of this title and en- acting provisions set out as notes under this section] is held invalid for any reason by any court, the validity and legal effect of the remaining provisions shall not be affected thereby.’’ § 2202. Ownership of Presidential records The United States shall reserve and retain complete ownership, possession, and control of Presidential records; and such records shall be administered in accordance with the provisions of this chapter. (Added Pub. L. 95–591, § 2(a), Nov. 4, 1978, 92 Stat. 2524.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective with respect to Presidential records created during a term of office of President beginning on or after Jan. 20, 1981, see section 3 of Pub. L. 95–591, set out as a note under section 2201 of this title. § 2203. Management and custody of Presidential records (a) Through the implementation of records management controls and other necessary ac- tions, the President shall take all such steps as may be necessary to assure that the activities, deliberations, decisions, and policies that reflect the performance of the President’s constitu- tional, statutory, or other official or ceremonial duties are adequately documented and that such records are preserved and maintained as Presi- dential records pursuant to the requirements of this section and other provisions of law. (b) Documentary materials produced or re- ceived by the President, the President’s staff, or units or individuals in the Executive Office of the President the function of which is to advise or assist the President, shall, to the extent prac- ticable, be categorized as Presidential records or personal records upon their creation or receipt and be filed separately. (c) During the President’s term of office, the President may dispose of those Presidential records of such President that no longer have administrative, historical, informational, or evi- dentiary value if— (1) the President obtains the views, in writ- ing, of the Archivist concerning the proposed disposal of such Presidential records; and (2) the Archivist states that the Archivist does not intend to take any action under sub- section (e) of this section.